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United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark Office 

Address: COMMISSIONER FOR PATENTS 
P.O. Box 1450 

Alexandria, Virginia 22313-1450 
www.uspto.gov 



APPLICATION NO. 


FILING DATE 


FIRST NAMED INVENTOR 


ATTORNEY DOCKET NO. 


CONFIRMATION NO. 


09/976,009 


10/15/2001 


Neil John Hursey 


01.143.01 


9583 



7590 04/1 1/2006 

Zilka-Kotab, PC 

P.O. Box 721120 

San Jose, CA 95172-1120 



EXAMINER 



COLIN, CARL G 



ART UNIT 



PAPER NUMBER 



2136 

DATE MAILED: 04/1 1/2006 



Please find below and/or attached an Office communication concerning this application or proceeding. 



PTO-90C (Rev. 10/03) 



Advisory Action 
Before the Filing of an Appeal Brief 


Application No. 

09/976,009 


Applicant(s) 

HURSEY ET AL 


Examiner 

Carl Cotin 


Art Unit 

2136 





-The MAILING DATE of this communication appears on the cover sheet with the correspondence address « 
THE REPLY FILED 23 March 2006 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE. 

1 . The reply was filed after a final rejection, but prior to or on the same day as filing a Notice of Appeal. To avoid abandonment of 
this application, applicant must timely file one of the following replies: (1) an amendment, affidavit, or other evidence, which 
places the application in condition for allowance; (2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or 
(3) a Request for Continued Examination (RCE) in compliance with 37 CFR 1.114. The reply must be filed within one of the 
following time periods: 

a) d| The period for reply expires months from the mailing date of the final rejection. 

b) ^ The period for reply expires on: (1 ) the mailing date of this Advisory Action, or (2) the date set forth in the final rejection, whichever is later. In no 

event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection. 

Examiner Note: If box 1 is checked, check either box (a) or (b). ONLY CHECK BOX (b) WHEN THE FIRST REPLY WAS FILED WITHIN TWO 

MONTHS OF THE FINAL REJECTION. See MPEP 706.07(f). 
Extensions of time may be obtained under 37 CFR 1 .136(a). The date on which the petition under 37 CFR 1 .136(a) and the appropriate extension fee have 
been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension fee under 37 
CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally set in the final Office action; or (2) as set forth in (b) 
above, if checked. Any reply received by the Office later than three months after the mailing date of the final rejection, even if timely filed, may reduce any 
earned patent term adjustment. See 37 CFR 1 .704(b). 
NOTICE OF APPEAL 

2. QThe Notice of Appeal was filed on . A brief in compliance with 37 CFR 41.37 must be filed within two months o.f the date 

of filing the Notice of Appeal (37 CFR 41 .37(a)), or any extension thereof (37 CFR 41 .37(e)), to avoid dismissal of the appeal. 
Since a Notice of Appeal has been filed, any reply must be filed within the time period set forth in 37 CFR 41 .37(a). 
AMENDMENTS 

3. □ The proposed amendment(s) filed after a final rejection, but prior to the date of filing a brief, will not be entered because 

(a) D They raise new issues that would require further consideration and/or search (see NOTE below); 

(b) [H They raise the issue of new matter (see NOTE below); 

(c) D They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for 

appeal; and/or 

(d) D They present additional claims without canceling a corresponding number of finally rejected claims. 

NOTE: . (See 37 CFR 1.1 16 and 41.33(a)). 

4. □ The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324). 

5. D Applicant's reply has overcome the following rejection(s): . 

6. □ Newly proposed or amended claim(s) would be allowable if submitted in a separate, timely filed amendment canceling 

the non-allowable claim(s). 

7. ^ For purposes of appeal, the proposed amendment(s): a) ^ will not be entered, or b) □ will be entered and an explanation of 

how the new or amended claims would be rejected is provided below or appended. 
The status of the claim(s) is (or will be) as follows: 

Claim(s) allowed: . 

Claim(s) objected to: 



Claim(s) rejected: 1-3.5-12.14-21.23-30.32-39.41-48 arid 50-54 . 

Claim(s) withdrawn from consideration: . 

AFFIDAVIT OR OTHER EVIDENCE 

8. □ The affidavit or other evidence filed after a final action, but before or on the date of filing a Notice of Appeal will not be entered 

because applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary 
and was not earlier presented. See 37 CFR 1.116(e). 

9. □ The affidavit or other evidence filed after the date of filing a Notice of Appeal, but prior to the date of filing a brief, will not be 

entered because the affidavit or other evidence failed to overcome all rejections under appeal and/or appellant fails to provide a 
showing a good and sufficient reasons why it is necessary and was not earlier presented. See 37 CFR 41.33(d)(1). 

1 0. □ The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached. 
REQUEST FOR RECONSIDERATION/OTHER 

11. E3 The request for reconsideration has been considered but does NOT place the application in condition for allowance because: 

See Continuation Sheet. 

12. □ Note the attached Information Disclosure Statement(s). (PTO/SB/08 or PTO-1449) Paper No(s). 

13. □ Other: . 



CHRISTOPHER REVAK 
PRIMARY EXAMINER 



U.S. Patent and Trademark Office 

PTOL-303 (Rev. 7-05) Advisory Action Before the Filing of an Appeal Brief Part of Paper No. 20060406 



Continuation Sheet (PTOL-303) 



Application No. 



Continuation of 1 1 . does NOT place the application in condition for allowance because: Applicant argues that the prior art does not 
disclose or suggests any sort of registration, whereas Applicant concedes that Lahti teaches a register that contains record of all the 
subscribers to the anti-virus service, therefore it is inherent or obvious to one of ordinary skill in the art that there is teaching and/or 
suggestion of registration of the subscribers in order for the center to have the records of the subscribers that subscribe to the service. 
In response to Applicant's argument that Lahti only discloses messages that contain updates and not files, Examiner asserts that Lahti 
discloses and suggests several ways of obtaining updates: in one embodiment, updates can be recorded in floppy disk, compact discs, 
etc (par 21 , lines 1-4). In response to Applicant's argument that Lahti does not disclose a database that includes a type of mobile device, 
this limitation is already addressed by Examiner as cited in paragraphs 23-26, the server generates a corresponding update upon request 
from the subscriber. The center contains all records in the database and Lahti further discloses several messages can be sent from the 
centre to convey all necessary information to perform a database update (par 23-24). For at least the reasons cited above and in the 
Office action, the request for reconsideration has been considered but does not place the application in condition for allowance. 



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